Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole.

CHAP. 14.

De Testamentis.

BEfore we descend vnto the lawes themselues, we will explaine those three divers sorts of wils in vse amōgst the Romanes. Namely Testamentum calaris comitijs, which was so called, because twice in the yeare in time of peace the Romane people assembled themselues together to this end and purpose, that if any would make his will the whole people might beare witnesse there vnto: these as∣semblies were tearmed Calata comitia. Secondly Testamē∣tum in procinctu .i. when a souldier in time of warre readie to giue battle, did call out three or foure of his fellowes, & in the audience of them did by word of mouth pronounce his last will and testament. Thirdly, Testamentum per emā∣cipationem familiae .i. by making over his goods and posses∣sions vnder a fained forme of sale, vnto a second party cal∣led Haeres fiduciarius & imaginarius .i. an heire in trust, who

should afterward resigne them vnto the true and lawfull heire: and this imaginary kind of sale, was performed with certaine solemnities circa aes & libram: and also the sale it selfe was sometimes called Nexus, as likewise Emancipa∣tio. Hence was the will sometimes called Testamentum per aes & libram, sometimes Testamentum per Nexum. For the proofe of this, which hath beene delivered, touching the three sorts of wills I will referre the reader tom 1.1 Sigonius.

Furia lex.

C. Furius Trib. Pleb. made a law,* 1.2 that it should not bee lawfull for any to giue away in way of legacy, vnto any, except to the kinsmen of him which manumised him, or some other certaine persons, supra mille asses .i. aboue fiftie shillings or thereabout, there going 2 Asses & semis to the making of one Sestertius.

Ʋoconia lex.

Q. Ʋoconius Saxa Trib. Pleb. tulit legem,* 1.3 Ne qui census esset, virginem, neve mulierem supra quadrantem suorum bo∣norum haeredem institueret, plusue cuiquam legaret, quàm ad haeredem, haeredes ve perveniret.

Census.] This word Census doth sometimes signifie all such as haue tendered the iust valuation of their estate vnto the Censors: and then Incensus is opposite to it, signifying such an one, as hath not tendred his estate or name to bee registred by the Censors. But in this place Census is taken for such a rich man, whose estate was in the Censors booke valued at one hundred thousand Sesterces (Ʋid. Asconi∣um in Verrin. 3.)

Supra quadrantem suorum bonorum] .i. No womā should be heire to more then one quarter of such a rich mans goods. For the right conceauing of this, we must note with n 1.4 Latomus, that the whole inheritance (were it never so great) was tearmed As, and that was divided into twelue parts which the lawyers called Vnciae: Duae vnciae diceban∣tur Sextans; tres quadrās, quatuor Triens, quin{que} Quincunx, sex Semissis, septem Septunx, octo Bessis, novem Dodrans, de∣cem

Decunx, vndecim Deunx, Totum As, vt dictum est. A∣gaine every Vncia was divided into six parts called Sextu∣lae: Duae sextulae Duellam, tres Semunciam faciunt. So thē ac∣cording to the lawyers (aso 1.5 Alexander obserueth) if there were one heire alone instituted, he was tearmed Haeres in Assem totum institutus; if otherwise there were many co∣heires, then was it according as the Testator did appoint. Some were ex Deunce haeredes .i. heires to eleven parts of his goods, there being but one part bestowed from him: some were haeredes ex quadrante .i. heires to one quarter of his goods: others were Haeredes ex semuncia .i. they had the foure and twentieth part: others were Sextula aspersi .i. they had the threescore and twelfe part of the whole As .i. of the whole inheritance be it more or lesse, &c. Here wee must vnderstand that there is great difference betweene these two phrases. Institui haeres in totum Assem, & ex toto Asse. For all those, which were nominated Haeredes, whe∣ther it were ex Dodrante, Quadrante, vel Semuncia, or how∣soever, yet were they tearmed Haeredes ex toto Asse .i. they were not Legatarij, such as receaued legacies. Now none cā be said In totum assem institui, but he which is the alone & sole heire vnto the whole.

Notes

• m 1.1

  Sig. de iure Rom. l. 1. c. 12▪
• * 1.2

  Cic. Verrin. 3▪
• * 1.3

  Cic. Verrin. 3▪
• n 1.4

  Barth. La∣tom. in orat. pro Cecinna▪
• o 1.5

  Alex. Gen. dier. l. 1. c. 1.